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HomeMy WebLinkAbout[05] Public Hearing, Zoning Ordinance Amendments ccrv oR rn:�c�t Planning Commission Agenda Item 5 MEETING DATE: February 12, 2018 AGENDA ITEM: Public Hearing,Zoning Ordinance Amendments SUBMITTED BY: Comxnunity Development Department STAFF RECOMMENDATION: Approve Amendments to Ordinance 520—Zoning Ordinance, Section 520.09: PUD—Planned Unit Development Overlay District. PREVIOUS PLANNING COMMISSION ACTION: BACKGROUND INFORMATION:Kevin and Julie Johnson of KJ Development of St.Joseph,LLC have submitted a request to amend the zoning ordinance, section 520.09 PUD-Planned Unit Development.The applicant has requested removing the 20 acre minimum size for a residential PUD. They own the former Delwin Ballroom site and would like to develop the 6.05 acre parcel into a mixed residential development to include townhomes, duplexes and patio homes. Staff took the opportunity to review the entire PUD ordinance that may need updating for clarity, ordinance intent and purpose. Staff's suggested amendments are included for review and consideration. A PUD allows flexibility in the modification of specific zoning and subdivision requirements provided it meets the purpose, including being a benefit to the public.It is not intended to be a means to avoid meeting the minimum standards of the underlying zoning district.St.Joseph's PUD ordinance is an overlay district and the requirements within the underlying zoning district apply.Planned Unit Developments are commonly meant to protect the environment,create open space and recreational facilities and allow for mixed uses.It is intended to encourage innovation and creativity in design, including site layout,building design,pedestrian facilities,etc. Staff reviewed Planned Unit Development ordinances from area communities. Each of the communities that were reviewed require that a PUD must have a public benefit and have criteria similar to St.Joseph, such as the preservation of natural resources,creation of open space, and encouraging mixed uses. St.Cloud:There is no minimum size required for a PUD but their ordinance stipulates that the size of the proposed development would be such that this form of development is logical and adheres to the overall purpose of this Ordinance. Sartell: 'There is no minimum size required for a PUD. Sauk Rapids:There is no minimum size required for a PUD. Waite Park: There are minimum site area requirements for a PUD, including 10 acres for residential districts,2 acres for general business,and 5 acres for highway commercial and industrial districts. The proposed amendments are consistent with the City of St.Joseph Comprehensive Plan.A City's zoning ordinance must be reasonable and have a rational basis, including being consistent with the City Comprehensive Plan.The proposed amendments meet the following Comprehensive Plan Goals. X. LAND USE PLAN&DISTRICT PLANS GOAL#1: FLEXIBLE,CONNECTED,AND EFFICIENT MANAGEMENT OF GROWTH Objective D: Encourage infill development and redevelopment where possible to maximize the public's investment in infrastructure. Policy/Recommendations: 1. The city should support infill development on vacant lots within existing urban areas by reviewing zoning ordinance requirements which may restrict such development,including but not limited to: allowing mixed uses in a variety of areas, reducing requirements for setting aside areas to devote to parking, allowing a larger floor area to lot ratio, and providing for development and structures which are sympathetic in scale and bulk to neighboring uses. GOAL#2:FAVORABLE CHOICE OF HOUSING OPTIONS AND EMPLOYMENT OPPORTUNITIES Objective A: Provide for a diverse array of housing types and housing locations so as to prevent the polarization of the community into one age or income group Policy/Recommendations: 1. The city should pursue the development of safe,healthy and attractive residential environments which offer a broad choice of housing options including sufficient life-cycle housing options, sizes and values contributing to a diverse population and various income levels. 2. The city should make a conscious decision to provide land appropriate for a variety of affordable and life-cycle housing options. 3. The city should approve and permit proposed housing developments in light of population forecasts,existing housing stock and current and future community and regional needs,as appropriate. 5. The city should consider allowing higher density residential land uses adjacent to arterial roadways,near community services,between commercial nodes(in conjunction with open space preservation)and/or as tiered transitional land uses(higher intensity to lower intensity). GOAL#4:PRESERVE AND ENHANCE QUALITY OF LIFE ObjecNve A: Create a sustainable community. Policy/Recommendations: 4. The city should avoid decisions potentially leading to the polarization of the community into one age group,income group,or educational level. V. HOUSING PLAN GOAL#1: SUSTAINABLE,WELL-BALANCED SUPPLY OF LIFE CYCLE HOUSING Objective A: Promote a balance of housing types,sizes and values. Policy/Recommendations: l. Support zoning and subdivision regulations allowing for the construction of a variety of housing types and price ranges. 2. Provide for and consider well-designed planned unit developments that provide a mixture of housing types. 5. Actively review and promote potential areas of residential redevelopment and infill as a means of sustaining neighborhoods. ATTACHMENTS: Request for Planning Commission Action Application Public Hearing Notice Proposed Zoning Ordinance 520, Section 520.09 Amendments REQUESTED PLANNING COMMISSION ACTION: Motion to recommend to the City Council ApprovaUDeniaUTable of Amendments to the Ordinance 520- Zoning Ordinance, Section 520.09. � � City of S� Joseph � ..L :•..•;���� ���. � Application for Zoning Amendment-Text �lTY �F ST. �C�S�PH APPLICANT INFORMATION: Applicant R'S��1/�tt�e'�m6w�T c�F- �" Sd SC�H� L�� K,$'O C��Ji�c.cs PrKi�sTSC�l.� C1w.rw��.. cpn,� Phone: 3 2 b-24 Ff- S Zy-s Email: I��v„�IC._To a�s���a.`e�r'_ c-c.�.. Mailing Address: 3to Q� 1 $�'` 5��- SovrK �`f 11 ST. cc���v rr,,v Sb30► Property Owner: �aw�E or� l�P�u c�*aT Phone: Email: Mailing Address: PROJECT INFORMATION: Parcel Identification Number(PIN): $�l. S"3�-I 3� c�d Legal Description of Property: Ln�r � f3�c�cK Z K�-L PRoP�rtn Es A DD rh o N Description of Request: SL�w�-�..1 a����� oF Ti+G �4REA RE�v,R�ww�En��' �b Z. A IZ.ES �P E,�"t1 A�l, f�L�►NN E D L)IV �T' E V�w�ir��T C�u D; Ordinance&Secrion Number of Proposed Amendment: 2-A ni�N c� o�D� iJ AnJC�. ��c.rr�N Sba d�! '�u o . �u f�0 3: b� 2 �.. Submission Requirements: Application for a zoning text amendment shall be on this form and include the established appGcation fee.A complete application must be submitted three(3)weeks prior to the next Planning Commission meeting for which you wish to be heard.The fallowing materials must be submitted with your application in order to be considered complete. ❑ Identification of the existing ordinance language proposed for Amendment to include: + Ordinance and Section Number � Existing Text of the Section CI Proposed Language for Ordinance Amendment.Identification of the proposed substitute wording for the zoning text. ❑ Written Namative describing your reason for requesting the text Amendment including: • How you would be impacted by the zoning text amendment7 � How the text amendment meets the interrt of the Comprehensive Plan? � How the text amendment will impact the zoning code? ■ How the text amendment will impact the subdivision code? St.loseph Zoning Text Amendment Poye�1 APPLICATION FOR ZONING AMENDMENT-TEXT In accordance with the provisions of Minnesota State Statutes,the City Council may from time to time adopt amendments to the zoning ordinance.An amendment to the wning ordinance involves changes in its text and wording,including but not limited to,changes in the regulations regarding uses,setbacks,heights,lot areas, definitions,administrations,and/ar procedures.Text amendments do not include the rezoning of property. PROCEDURE Review and Recommendation by the Planning Commission.The Planning Commission shall hold a public hearing and consider oral or written statemenis from the applicant,the public,city staff,or its ovm members. The Planning Commission shall review the wning text amendment request and a recommendation shall be made to the City Council to approve,disappmve or corn.inue the application. Review and Decision by the City Council.The City Council shall review the application after the Planning Commission has made its recommendatioa The City Council is the only body with the authority to make a final determination and either approve or deny the application. We,the undersign have read and understand the above. �� � o� i $ ign e of A pl cant Date Signature of Owner(if different than Applicant) Date FOR OFFICE U5E ONLY Fee:$S00 Paid � d •(',K-�1� Date application submitted: ��� 1 p" Date application completed: < <(� Planning Commission Recommendation: Approved Denied Date of Action: City Council Action: Approverl Denied Date of Action: Date Applicant/Property owner notified: ❖ Submit completed applicatlon to City Offices,T5 Callaway St E,St.Joseph,MN 56374 Si.Jose�Zaning Text Amendment Pa9e I Z St.Joseph Planning Commission/City Council Application for Zoning Amendment RE: Del-Win Redevelopment Project—Southview Heights BACKGROUND: K1 Development of St.Joseph, LLC is the current owner of the Del-Win redevelopment property. The property consists of 6.05 acres and is located on the west side of 20`"Avenue South East. When KI Development of St. Joseph,LLC purchased the property,the property was rezoned from 62 to R3 with the intention of constructing a 56 unit apartment building on the northern half of the property and mixture of duplexes and quad units on the southern half. Over the course of developing concept plans, the team decided to eliminate the 56 unit apartment complex and focus on a mixture of duplexes, twin patio homes and eight-plexes. Tbee change in scope has reduced the overall unit density for this site as presented to the City when the property was rezoned. The proposai is seen as a natural progression of housing units withtn area. ZONING AMENDMENT REQUEST IU Development of St.Joseph,LLC is planning the redevelopment of the Del-Win site. The project is only viable with a mixture of the home styles and units which the existing R3 Zoning District does not allow. Therefore,a Pianned Unit Development(PUD)is the only option and recommended by City Staff. However,the current Zoning Code does not allow a PUD application unless the project consists of,at a minimum, 20 acres: Zonina Ordinance.Sectifln 502.09 PUD.Subd.3:b)�.A. 2. A Planne�l Unit Developmer�t for ar�y parcei or track of land shall F�ave a mini�num net site area for each zoning district as set forth below excluding areas not suitable for development: A. Residential DtsMcts—Twenty(20)acres minimum. The overall stte plan is located on 6.05 acres and will consists of 11 duplex buildings,4 patio twin homes and 3 eight-plex buildings,with a mixture of 2 and 3 bedroom units sultable for slab on grade buildings. By eliminating the mfnimum acreage requirement as stated above,the project can move fonaard as a PUD on 6.05 acres. In consideration of the Zoning Ordinance amendment, we request the Planning Commission and City Council conside�the Project will promote the Goals and Po{icies of the Comprehensive Plan and Hcusing Plan: X. LAND USE PLAN&DISTRiCT PLANS GOAL pi:PLEXIBLE,CONNECTED,AND EFFICIENT MANAGEMENT OF GROWTH Objecttve D: Encourage inffll development and redevelopment where possible to maximize the public's investment in infrastructure. Policy/Recommendations: 1, The city should support infill development on vacant lots within existing urban areas by reviewing ioning ordinance requirements which may restrict such development, including but not limtted to: allowing mixed uses in a variety of areas, reducing requirements for setting aside areas to devote to parking,allflwing a larger floor area to lot ratio,and providing for development and structures which are sympathetic in scale and bulk to neighboring uses. GOAL#2:FAVORABLE CHOICE OF HOUSING OPTIONS AND EMPLOYMENT OPPORTUNITIES Objective A: Provide for a diverse array of housing rypes and housing locations so as to prevent the polar[zatio�of the cammunity into one age or income group Policy/Recommendations: i. The city should pursue the development of safe, healthy and attractive residential environments which offer a broad choice of housing options including sufficient life- cycle housing options,sizes and values contributing to a diverse population and various income leveis. 2. The city should make a conscious decision to provide land appropriate for a variety of affordable and life-cycle housing options. 3. The city should approve and permit proposed housing developments in light of population forecasts, existing housing stock and current and future community and regional needs,as appropriate. 5. The city should consider allowing higher density residential land uses adjacent to arterial roadways, near community services, between commercial nodes (in c�njunction with open space preservation) and/or as tiered transitional land uses (higher intensity to lower intensity). GOAL#4:PRESERVE ANO ENHANGE QUALITY OF UFE ObjacNve A: Create a sustainable community. Policy/Recommendations: 4. The city shouid avoid decisions potentiaily leading to the poiarization of the community into one age group,income group,or educational level. V. HOUSING PLAN GOAL#1: SUSTAINABLE,WELL-BALANCED St)PPLY OF LIFE G1fCLE NOUSING Objective A: Promote a balance of housing types,sizes and values. Policy/Recommendations: 1. Support zoning and subdivision regulations ailowing for the construdion of a variety of housing types and price ranges. 2. Provide for and consider well-designed planned unit developments that provide a mixture of housing types. 5. Actively review and promote potential areas of residential redevelopment and infill as a means of sustaining neighborhoods. The amendment is approved,the Zoning Ordinance will allow a residential PUD regardless of the size of the site. The proposed text would change to the following: Zoning Ordinance.Section SQ2.09 PUD.Subd.3:b)2.A. 2. A Planned Unit Development for any parcel or track of land shall have a minimum net site area for each zoning district as set forth below excluding areas not suitable for developmeM: B. Residential Districts—No minimum requirremerrt. The entire site witi be owned and managed by Kl Development of St.loseph, LLC. Their vision is to create a neighbo�hood that is consistent with the Cit�s Comprehensive Plan,Land Use Plan and g�owth patterns of the City. Therefore, the project creates a transition between the traditional neighborhood to the west and the commercial developments to the north and east. The elimination of the area requirement of a PUD wil)allow the development to more forward. REQUEST FOR APPROVAL: Based on discussion and direction by City Staff,the ownen are p�esenting this amendment to the Zoning Urdinance,the minimum area requirement of a PUD. Lumber One Avon Inc wili be present,along with the Owners and Westwood Professional Services,to address questions about the proposed devebpment. ���� �JL ��o ������ www.cityofstjoseph.com City of St.Joseph Public Hearing Zoning Ordinance Amendment The St.Joseph Planning Commission shall conduct a public hearing on Monday, February 12, Administrator 2018 at 6:00 PM or as soon thereafter as the matter may be heard at the St.Joseph City Hall, Judy Weyrens 75 Callaway Street East.The purpose of the hearing is to consider amending Ordinance 520, Zoning Ordinance, Section 520.09: PUD—Planned Unit Development, including amending the minimum site area. A copy of the proposed changes are available for review at City Hall. Mayor All persons wishing to be heard will be heard and oral testimony will be limited to five minutes. Rick Schulcz Written testimony may be mailed to:City of St.Joseph;75 Cal{away St. E;St.Joseph MIV 56374. Judy Weyrens Councilors Administrator Troy Goracke publish: February 2, 2018 Matt Killam Bob Loso Dale Wick 75 Callaway Street East• Saint Joseph,Minnesota 56374 Email cityoffices@cityofstjoseph.com Phone 320.363.720I Fax 320.363.0342 ORDINANCE 502 – ZONING ORDINANCE Section 502.09: PUD – PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT Subd. 1: Purpose and Intent. The purpose of this section is to provide for the modification of certain regulations when it can be demonstrated that such modification would result in a development, which would not increase the density and intensity of land use beyond that which would be allowed if no regulations were modified; would preserve or create features or facilities of benefit to the community such as, but not limited to natural resources, open space or active recreational facilities, which features or facilities would not have been provided if no regulations were modified, would be compatible with surrounding development, and would conform to the goals and policies of the Comprehensive Plan. Throughout this title, “PUD” shall mean the same as “planned unit development”. Subd. 2: Benefit to the Public Intended. PUD’s are intended to encourage the efficient use of land and resources, to promote greater efficiency in public utility services and encourage innovation in the planning and building of all types of development. It is not the intent of this section to be a means in which to avoid meeting the minimum standards of the underlying zoning district. Planned unit developments shall demonstrate at least one of the following benefits to the public. The applicant bears the burden of proving one or more public benefits exist: a) Innovations in residential development that: 1. Proactively and tangibly address the demand for housing for all economic levels; 2. Provide greater variety in tenure, type, design and sitting of dwellings. b) The reestablishment, preservation and/or enhancement of desirable site characteristics such as natural vegetation, topographic and geologic features. c) A variety of housing types/densities together with preservation of open space/natural features within one development. d) The creation of active and/or passive recreational opportunities and/or facilities that would not have been provided if no regulations were modified. e) Promote Mixed Uses: Promote mixed uses so that not only may the unit be solely residential or commercial, but it may also contain a combination of uses (mixed residential or residential – commercial) for greater convenience to the residents. Subd. 3: Types of Planned Unit Developments – Where Permitted. 502.09-1 ORDINANCE 502 – ZONING ORDINANCE a) Two types of planned unit developments are hereby established subject to the use regulations of the zone in which the PUD is proposed to be located and provided to the standard of subsection B (immediately following) are achieved: 1. Single-family PUD’s, comprised of detached dwelling units on individual lots, necessary streets rights-of-way to serve such dwelling units and any common open space, recreational facilities or other areas or facilities. 2. Non-single-family PUD’s, comprised of (a) attached dwelling units, detached dwelling units not on individual lots, multiple use, retail, commercial, recreational, office, service or industrial buildings, or any combination thereof, the necessary streets and other public and/or private rights-of-way to serve such uses, and any appurtenant common open space, recreational facilities or other areas or facilities. 3. A PUD may comprise both of the above types, subject to compliance with the use regulations of the zone in which the PUD is proposed to be located. b) Planned unit developments may be located in any zone subject to use regulations; provided, that: 1. Uses permitted in the PUD shall be governed by the use regulations of the underlying zoning classification or other generally applicable city regulations governing permitted uses, including special district regulations; and, 2. There is no standard minimum size requirement for any PUD. However, the size of the proposed development would be such that this form of development is logical and adheres to the overall purpose of this Ordinance. A Planned Unit Development for any parcel or track of land shall have a minimum net site area for each zoning district as set forth below excluding areas not suitable to development: A. Residential Districts – Twenty (20) acres minimum B. B-1 Central Business District - Mixed use of a Permitted Use and a multiple residential dwelling units will be allowed, but only if 100% of the street level square footage is used full time for a Permitted Use, and said permitted and residential uses are not conflicting. The maximum building height shall not exceed the standard contained in the applicable underlying zoning classification. The minimum lot area shall be 12,000 square feet. The lot width at the building setback line shall be at least 180 lineal feet and a minimum of 80 lineal feet of the lot shall abut a public street. Off-street parking requirements shall be separately 502.09-2 ORDINANCE 502 – ZONING ORDINANCE determined for the commercial and residential uses in accordance with this Ordinance. C. B-2 Highway 75 Business District and B-3 General Business District – five (5) acres minimum. D. LI – Light Industrial District – twenty (20) acres minimum 3. The design of a PUD shall take into account the relationship of the site to the surrounding areas. The perimeter of the PUD shall be so designed as to minimize undesirable impact of the PUD on adjacent properties and, conversely, to minimize undesirable impact of adjacent land use and development characteristics on the PUD. 4. Common open space shall be either held in common ownership by all owners in the PUD or dedicated for public use with approval of the City Council. Whenever possible, common open space shall be linked to the open space areas of adjoining developments. Common open space shall be of such size, shape, character, and locations as to be useable for its proposed purpose. 5. In agricultural areas or on land that does not have building development, PUD’s will not be allowed if there has been removal of trees or grading of soil within ten (10) years prior to the application for the PUD. Subd. 4: General Requirements/Permitted Modifications. a) In General. In considering a proposed planned unit development project, the approval thereof may involve modifications in the regulations, requirements and the standards of the zone in which the project is located, and in the subdivision ordinance, including but not limited to, use, setbacks, lot sizes, width and depth. In modifying such regulations, requirements and standards as they may apply to a planned unit development project the standard identified within this subsection and the limitations set forth in this subsections B and C (immediately following) shall apply. In order to be granted any such modifications, the applicant shall demonstrate that the proposed development complies with the purpose of this section. The applicant shall bear the burden of supporting any change in requirements. The city may increase any requirement necessary to make the project conform to the purposes of this section. 1. Allowed Uses. Uses within the PUD may include only the uses generally considered associated with the general land use category shown for the area on the official Comprehensive Plan Land Use Plan. Specific allowed uses and performance standards for each PUD shall be delineated in the rezoning ordinance (if required), the development plan and the development agreement. The PUD development plan and agreement shall identify all the proposed land uses and those uses shall become permitted 502.09-3 ORDINANCE 502 – ZONING ORDINANCE uses with the acceptance of the development plan and agreement. Any change in the list of uses presented in the development plan and agreement will be considered a major amendment to the PUD and will follow the procedure described herein relative to major PUD amendments. 2. Front Yard Setbacks. The requirements for minimum front yard setbacks for the zone in which the planned unit development is located shall apply to all exterior boundary lines of the site. 3. Distance Between Buildings. The planning commission shall set minimum distances between structures to assure adequate sunlight and open space; provided, that minimum distances required by building and fire codes shall be met. 2.4. Building Design. Buildings shall be designed to prevent the appearance of straight, unbroken lines in their horizontal and vertical surfaces. No residential building shall have a single exterior wall longer than forty (40) feet without an offset in the exterior wall. Offsets between walls shall be at least thirty-two (32) inches and shall not exceed ten (10) feet. 3.5. Building Dimensions. Building height and corresponding setback requirements shall be governed by the requirements of the underlying zone district classification as set forth therewith. 4.6. Uses. All permitted, permitted accessory and/or conditional uses contained in the underlying zoning district shall be treated as permitted, permitted accessory and conditional uses in PUD overlay district. Uses not listed as permitted or conditional in a specific district shall not be allowed in a PUD unless it is found that the use is complimentary to the functionality of the development and the other uses found therein. 5.7. Density. An increase in density may be permitted to encourage the preservation of natural topography and geological features. The minimum lot size requirements of other sections of this ordinance do not apply to a PUD except that the minimum lot size requirements of the underlying zone shall determine the maximum dwelling unit density of a total development. The maximum dwelling unit density shall be determined by the area remaining after appropriate space for street right of way, other public dedications, such as but not limited to storm water detention ponds, trails and parklands have been determined and subtracted from the total PUD area. Excluded from the calculation of developable property shall be areas which would normally not be developable, such as waterways or water bodies, shorelands, flood plains, and the like in addition to areas required for streets, parks, pedestrian facilities, storm water controls and placement of public utilities. Wetlands can be utilized to determine the area of developable land. The maximum density for multiple dwellings under the PUD shall be one bedroom unit for each 2,500 square feet of lot 502.09-4 ORDINANCE 502 – ZONING ORDINANCE area, one two bedroom unit for each 3,000 square feet of lot area, and one three bedroom unit for each 3,500 square feet of lot area and for each additional bedroom (over 3) per unit, an additional 500 square feet of lot area. If the property involved in the PUD includes land in more than one zoning district, the number of dwelling units or the square footage of commercial, residential or industrial uses in the PUD shall be proportional to the amount that would be allowed separately on the parcels located in each of the underlying zoning districts. 6.8. Off-street parking and loading. Off-street parking and loading space shall be provided in each PUD in the same ratios for types of buildings and uses as required in Section 520.10 of this Ordinance. the underlying zoning district. The City may reduce the number of parking spaces required in commercial districts provided the PUD applicants submit information demonstrating a reduced need for parking facilities (e.g. senior housing complex, PUD’s featuring joint parking facilities, parking study, proximity to and availability of bus service coupled with transit-friendly design, etc). The reduction in off-street parking and loading space must be pursuant to a special use permit with conditions set by the City Council. 7.9. Street Design and Requirements. The major internal streets serving each planned unit development shall be functionally connected to at least one minor arterial or collector street as defined by the comprehensive plan. b) In Single-Family PUDs. Single-family PUDs shall be subject to the following limitations in modification of regulations in addition to those limitations set forth in subsection a (above, entitled “permitted modifications of regulations, in general”) 1. The minimum lot size as required in underlying zoning classification may be reduced by up to 15 percent; provided, that an area(s), not including a critical area or storm water conveyance or storage facility, equal to the combined reduction in lot area is set aside for the following: A. Common useable open space comprising of landscaping and facilities such as, but not limited to play areas, trails, picnic tables and benches; B. Areas containing significant trees as defined by the City; C. Other non-critical areas, the preservation or creation of which promote one or more goals and or goals and/or policies of the comprehensive plan; 502.09-5 ORDINANCE 502 – ZONING ORDINANCE D. The applicant shall demonstrate that the area proposed to be set aside creates a public benefit which would not exist if the minimum lot size were not modified. 2. The minimum lot width as required within the underlying zoning classification may be reduced up to 10 percent; 3. Required yard setbacks shall not be reduced. c) Non-single-family PUDs shall be subject to the following limitations in modification of regulations in addition to those limitations set forth within the underlying zoning classification. 1. When a PUD containing dwelling units is proposed on property having more than one underlying residential zone, the total number of dwelling units allowed may be determined by totaling the number of dwelling units allowed to be located on each portion of the PUD area located in a separate zone according to the regulations of that zone. 2. The City, at its discretion, may allow the number of units arrived at under subsection c-1 (immediately above) be located anywhere within the planned unit development subject to the PUD approval process set forth in this chapter and provided that the City make a finding of fact that a public benefit resulting from such action is present. Subd. 5: Subdivision Requirements. The approval of a subdivision shall be required of all projects which involve or contemplate the subdivision of land and the procedures set forth in the subdivision ordinance shall be followed concurrently herewith. The approved final development plan shall be a binding site plan. Subd. 6: Pre-Application/Informational Meeting and Concept Plan Required. a) Prior to filing an application for Preliminary PUD plan approval, the applicant of the proposed PUD shall arrange for and attend an informational meeting with City staff. At such conference, the applicant shall be prepared to generally describe their proposal for a PUD. The primary purpose of the meeting shall be to provide the applicant with an opportunity to gather information and obtain guidance as to the general suitability of the conformity to the provisions of this code before incurring substantial expense in the preparation of detailed plans, surveys, and other data. 502.09-6 ORDINANCE 502 – ZONING ORDINANCE b) Following a pre-application/informal meeting, but prior to submitting an application for preliminary plan approval, the applicant for a proposed PUD shall submit to the City a general concept plan. 1. Purpose. The general concept plan provides an opportunity for the applicant to submit a plan to the City showing their basic intent and the general nature of the entire development without incurring substantial cost. This concept plan is not considered an application for development. Review and acceptance of the concept plan by City staff does not constitute approval of the plan by the City. Review and acceptance of the concept plan merely allows the applicant to initiate the development process after an application has been submitted to the City. The concept plan is simply an informal method of providing information to the developer as to whether the plan is generally acceptable or whether the plan has problem areas. The general concept plan should include the following elements: A. Overall maximum PUD density range. B. General location of major streets and pedestrian walkways. C. General location and extent of public and/or common open space. D. General location of residential and non-residential land uses with approximate intensities of development. E. Staging and timetable of development. F. Other special criteria for development. Subd. 7: Preliminary and Final Plan Approval Required. a) Each PUD shall require preliminary and final approval. b) If land subdivision is requested in conjunction with the PUD plan, both preliminary and final PUD approvals shall be processed concurrently with the platting procedures set forth in the City’s Subdivision Ordinance. Required data, parkland/fee in lieu of parkland dedication, design standards and required improvements shall be the same as per a conventional subdivision and as set forth within the City’s Subdivision Ordinance. In addition to the data requirements itemized within the Subdivision Ordinance the application shall also include information necessary to process the PUD preliminary and final plan(s) as contained within this chapter. The Zoning Administrator may waive requirements determined to be redundant. 502.09-7 ORDINANCE 502 – ZONING ORDINANCE Subd. 8: Phased Development. Development of the project may be phased, in which case each complete phase may be processed separately through both preliminary development plan review and final development plan review. A map showing all property owned or controlled by the developer which is contiguous to the development site or which is within the area determined by the City to be relevant for comprehensive planning and environmental assessment purposes, together with a preliminary plat of said properties’ eventual development through all potential phases shall be submitted with the application for the first phase. The developer is not responsible for providing a preliminary plat for contiguous or nearby property which is not owned or controlled by the developer. The preliminary plat shall conform to the purposes of this section and shall be used by the City to review all phases of the development. All phases of this development shall conform to the preliminary plat, all conditions of approval and applicable regulations. Subd. 9: Preliminary PUDs – Contents of Complete Application. a) The applicant shall file with the City a preliminary plat plan which is consistent with the requirements of the City’s Subdivision Ordinance. The preliminary plat plan shall include the following: 1. A legal description of the property proposed to be developed; 2. A map of the subject property and surrounding area determined by the City to be relevant for comprehensive planning, environmental assessment or zoning review purposes, which shall depict comprehensive plan designations, zoning classifications and existing land uses and utility mains/urban facilities including parks and streets; 3. A proposed site plan for the subject property depicting the following: A. Identify all setbacks for lots and other areas of the development. B. Identify boundaries of areas of trees. Also identify areas where there are trees eight inches in trunk diameter measured four feet above the base of the trunk; C. Designated placement, location, and principal dimensions of lots, buildings, streets, parking areas, recreation areas and other open space, landscaping areas and utilities; D. If the developer owns or otherwise controls property adjacent to the proposed development, a conceptual plan for such property demonstrating that it can be developed in a compatible manner with the proposed development; E. Park and trail plan pursuant to the Subdivision Ordinance 502.09-8 ORDINANCE 502 – ZONING ORDINANCE 4. A conceptual landscape plan showing existing and proposed landscaping including groundcover, shrubbery and tree species; 5. Drawing and/or text showing scale, bulk and architectural character of proposed structures; 6. For single-family PUDs, a conceptual drawing depicting the number and location of lots which would be allowed if no regulations were modified; 7. Special features including but not limited to critical areas and site or structures of historic significance; 8. Text describing conditions or features which cannot be adequately displayed on maps or drawings; 9. A narrative stating how the proposed development complies with the goals and policies of the Comprehensive Plan; 10. A narrative itemizing all proposed land uses (permitted, conditional, interim, accessory) conditions related thereto (proposed and as required within the underlying zoning classification) and the extent of proposed uses (i.e. number of units; density allowed via underlying zoning classifications and density proposed for the PUD; 11. A narrative stating how the proposed PUD plan impacts adjacent property owners; 12. A narrative describing proposed operation/maintenance of the development including open areas, storm water features and recreational facilities resulting from the subdivision; 13. If applicable, draft conditions, covenants and restrictions and other documents relating to operation and maintenance of the development, including all of its open areas and recreational facilities; 14. Information normally required within the underlying zoning classification relating to site plan review. 15. Other information required by the City and the Subdivision Ordinance, Ordinance 540. b) The applicant may submit to the Zoning Administrator director proposed development standards, which, if approved by the City, shall be come a part of the preliminary plan in lieu of the requirement of subsection a-2 of this section for specifying placement, location and principal dimensions of buildings, streets, and parking areas. This alternative process is intended to accommodate the need for flexibility in large-scale non-single-family developments, while insuring that 502.09-9 ORDINANCE 502 – ZONING ORDINANCE sufficient information as to the nature of the development is available upon which to base a decision concerning the preliminary development plan. Proposed development standards shall specifically set forth parameters for location, dimensions and design of buildings, streets and parking areas. Subd 10: Preliminary PUDs – Criteria for Approval. a) Preliminary PUD approval shall be granted by the City only if the applicant demonstrates that: 1. The proposed project shall not be detrimental to present and potential surrounding land use. 2. Land surrounding the proposed development can be planned in coordination with the proposed development and can be developed so as to be mutually compatible. 3. Streets and sidewalks, existing and proposed, are suitable and adequate to carry anticipated traffic within the proposed project and an in the vicinity of the proposed project, in light of the criteria set forth in the Subdivision Ordinance and the comprehensive plan. 4. Services including portable water, sanitary sewer and storm drainage are available or can be provided by the development prior to occupancy. 5. Each phase of the proposed development, as it is planned to be completed, contains the required parking spaces, recreation spaces, landscape and utility areas necessary for creating and sustaining a desirable and stable environment. 6. The project conforms to the purposes and standards prescribed in this chapter. 7. The project conforms to the Comprehensive Plan. b) Conformance with the design standards and required improvements as set forth within the Subdivision Ordinance. Subd. 11: Preliminary PUDs – Minor and Major Changes to an Approved Preliminary PUD. a) A proposed minor change to an approved PUD require a public hearing and shall be incorporated into the application for final PUD approval, and any notification regarding such final PUD approval shall describe the proposed minor change(s). A “minor change” means any departure from the conditions of preliminary approval which is not a “major change” and includes but is not limited to the following: 502.09-10 ORDINANCE 502 – ZONING ORDINANCE 1. Revisions to a number of dwelling units in a structure; 2. Revisions to number of non-residential structures; 3. Revisions to heights of structures; 4. Revisions to location of internal roads; 5. Revisions similar in nature to those above as determined by the City. b) A proposed major change to an approved preliminary PUD shall require reapplication for preliminary PUD approval and any notification regarding such preliminary PUD approval shall describe the proposed major change or changes. A major change is any departure from the conditions of the preliminary PUD approval which would result in any of the following: 1. Revisions to the approved design concept; 2. Revisions to the approved use(s); 3. An increase in the number of residential dwelling units; 4. An increase in square footage of non-residential structures; 5. A decrease in the amount of landscaping, site perimeter buffering, and open space; and 6. An increase in traffic volumes or change in circulation patterns which impacts surrounding development. Subd. 12: Final PUDs – Contents of Complete Application. Within 12 months following the approval of the preliminary PUD, the applicant shall file with the City a final PUD conforming to the approved preliminary PUD. The final PUD shall include all the requirements under the Subdivision Ordinance, and the following information: 1. A survey of the property, showing for all areas to be developed or disturbed existing features, including an identification of all setbacks for each lot and the boundaries for the development, buildings, structures, trees over eight inches in trunk diameter measured four feet above the base of the trunk, streets, utility easements, rights-of-way, and existing land uses; 2. Elevation and perspective drawings of project structures and improvements; 502.09-11 ORDINANCE 502 – ZONING ORDINANCE 3. Proposed final conditions, covenants and restrictions (CC&Rs) and other documents relating to operation and maintenance of the development, including all of its open areas and recreational facilities, which CC&Rs and other documents shall be recorded upon final PUD approval; 4. Proposed final agreements which may have been required as conditions of preliminary PUD approval; 5. A development schedule; 6. The following plans and diagrams; A. An off-street parking plan; B. Landscaping and tree planting plan, including site grading; C. Park and trail plan consistent with the Subdivision Ordinance Subd. 13: Final PUDs – Criteria for Approval. Final PUD approval shall be granted by the City only if the applicant demonstrates that the final PUD substantially conforms to the approved preliminary PUD. For the purposes of this section, “substantially conforms” means that, as compared to the preliminary PUD, the final PUD contains no revisions in density, uses, design or development standards or in the site plan, other than the minor changes pursuant to Subd. 1114 of this section. Subd. 1415: Final PUDs – Failure to File – Termination. a) In the event the final PUD or any required attendant papers are not filed within ninety (90) days following approval of a preliminary PUD, except as provided elsewhere in this Section or as noted in subsection b (immediately following this subsection), the approval of the preliminary PUD shall lapse and the approval shall be deemed null and void and without force or effect. b) When it is determined as part of the preliminary PUD approval that the final PUD is to be phased, the final PUD for the first phase shall be submitted within 12 months of preliminary approval. The final development plan for each subsequent phase shall be submitted within the schedule established at the time of preliminary PUD approval. In the case of a PUD, which includes a subdivision, the final PUD shall be submitted within five years of receiving preliminary approval. c) The time period for filing of final PUDs shall not include periods of time during which progress on the final PUD was reasonable halted or delayed due to the filing and pendency of legal actions challenging an approval granted by the City pursuant to this Section; provided, that in all cases when more than two years have elapsed subsequent to the date of approval of a preliminary PUD the permittee shall be required to comply with all current building, construction, subdivision and other applicable standards of the City prior to being granted 502.09-12 ORDINANCE 502 – ZONING ORDINANCE approval of the final PUD; provided, that a change in zoning district classification enacted subsequent to approval of the final development plan shall not affect the project. Subd. 1516: Final PUDs – Adjustments to Approved Final PUD. a) The Zoning Administrator is authorized to allow adjustments in accordance with subsection b (which immediately follows this section) of this Section. The Zoning Administrator shall allow only such adjustments as are consistent with guidelines established in subsection b of this section, and in no case shall an adjustment be allow if it will increase the total amount of floor space authorized in the approved final PUD, or the number of dwelling units or density, or decrease the amount of parking or loading facilities or permit buildings to locate substantially closer to any boundary line or change substantially any point of ingress or egress to the site. b) For the purposes of this section, “adjustments” means any departure from the conditions of final PUD approval which complies with the following criteria: 1. The adjustment maintains the design intent and quality of the original approval; 2. The amount of landscaping, buffering and open space shall not be reduced; 3. The number of dwelling units in residential developments and the square footage of structures shall not increase; 4. The adjustment shall not relocate a building, street or other use more than 20 feet in any direction and shall not reduce any required yard and/or setback; 5. The height of buildings and other structures shall not increase; 6. Views from both structures on-site and off-site shall not be substantially reduced; 7. Traffic volumes shall not increase and circulation patterns shall not change; 8. Changes in colors, plant material and parking lot configurations are minor; 9. The adjustment does not add significant new environmental impacts or significantly increase environmental impacts disclosed in the original documents; 502.09-13 ORDINANCE 502 – ZONING ORDINANCE 10. The Zoning Administrator determines that the change will not increase any adverse impacts or undesirable effects of the project, or that the change in no way significantly alters the project. c) If proposed amendments to an approved PUD can not be classified as an “adjustment”, the PUD shall be amended using the “Minor and Major Changes to an Approved Preliminary PUD” process described in Subd. 11 herein. Subd. 1617: Developers Agreement Required for Final PUD. Prior to the installation of required improvements mandated by the Subdivision Ordinance, and prior to approval of the Final Plat for the PUD, the developer shall enter into a contract with the City requiring that the developer furnish and construct improvements required by the Subdivision Ordinance at the developer’s expense and in accordance with plans and specifications to be approved by the City Engineer. The City/Developer contract shall stipulate the type and extent of the improvements to be constructed, the cost of construction, the construction time schedule, the City's authority to inspect the construction and the amount of the escrow deposit performance bond, warranty bond and labor and material man bond to be furnished. The City/Developer Agreement shall be in substantially similar form and content as provided for in the Subdivision Ordinance. Subd. 1718: Operating and Maintenance Requirements for PUD Common Open Space and Service Facilities. a) Whenever common open space or service facilities are provided within the PUD, the PUD plan shall contain provisions to assure the continued operation and maintenance of such open space and service facilities to a predetermined reasonable standard. b) Common open space and service facilities within a PUD shall be placed under the ownership of one or more of the following: 1. Landlord control where only use by tenants is anticipated. 2. Property owners association, provided all of the following conditions are met: A. Prior to the use, occupancy, sale or the execution of contracts for sale of an individual building unit, parcel, tract, townhouse, apartment, or common area, a declaration of covenants, conditions and restrictions or an equivalent document as specified in Minnesota Statutes shall be filed with the Zoning Administrator prior to the filings of the declaration of documents or floor plans with the County Recorder’s Office. B. The declaration of covenants, conditions and restrictions or equivalent document shall specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, 502.09-14 ORDINANCE 502 – ZONING ORDINANCE townhouses or apartments shall subject the properties to the terms of the declaration. C. The declaration of covenants, conditions and restrictions shall provide that an owner’s association or corporation may be formed and if such an association or corporation which shall maintain all properties and common areas in good repair and which shall assess individual property owner’s proportionate share of joint or common costs. This declaration shall be subject to the review and approval of the City Attorney. The intent of this requirement is to protect the property values of the individual through establishing effective private control. D. The declaration shall additionally provide that in the event the association or corporation fails to maintain properties in accordance with the applicable rules and regulations of the City or fails to pay taxes or assessments on properties as they become due, and in the event the City incurs any expenses not immediately reimbursed by the association or corporation, then the City shall have the right to assess each property its pro rata share of the expenses. Such assessments, together with interest thereon and costs of collection, shall be a lien on each property against which such assessment is made. E. Membership in the association must be mandatory for each owner and any successive buyer and the association must be responsible for liability insurance, taxes, and the maintenance of the open space facilities to be deeded to it. F. The open space restrictions must be permanent and not for a given period of years. G. Property owners must pay their pro rata share of the cost of the association by means of an assessment to be levied by the association which meets the requirements for becoming a lien on the property in accordance with state law and the association must be able to adjust the assessment to meet changing needs. H. The by-laws and rules of the association and all covenants and restrictions to be recorded must be approved by the City Council prior to the approval of the final PUD plan. c) Staging of common open space. The construction and provision of all of the common open space and public improvements and recreational facilities that are shown on the final development plan for a PUD must proceed at the same rate as the construction of dwelling units or other private facilities. 502.09-15 ORDINANCE 502 – ZONING ORDINANCE Subd. 1819: Termination of Planned Unit Development – Failure to Commence or Continue Construction. If the construction has not been started within two (2) years from the date of approval of the final PUD with an associated subdivision, or two years from the date of approval of any other final PUD, or if construction has been commenced but the work has been abandoned for a period of one year or more, and if no extension of time has been granted as provided herein, the authorization granted for the planned unit development project shall terminate and all permits and approval issued pursuant to such authorization shall expire and be null and void. The time period of commencing or continuing construction shall not include periods of time during which commencement of construction or continuation of construction was reasonably halted or reasonably delayed due to the filing of a pendency of legal action challenging an approval granted by the City pursuant to this Section; however, in all cases, when more than five years have elapsed subsequent to the date of approval of any other final PUD with associated subdivision, or more than two years have elapsed subsequent to the date of approval of any other final PUD the permittee shall be required to comply with all current building, construction, subdivision and other applicable standards of the City; provided, that a change in zoning district classification enacted subsequent to approval of the final development plan shall not affect the project. Subd. 1922: Lots Subject to Final PUD. All lots or other divisions of a subdivided planned unit development shall remain subject to compliance with the final development plan regardless of the fact of subdivision in compliance with the Subdivision Ordinance or lot(s)/division(s) of a subdivided PUD where subsequently conveyed. 502.09-16